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Terms & Conditions: Diving at Cocos Island

These Abercrombie & Kent USA, LLC (“A&K”) Terms and Conditions apply to Diving in Cocos Island, an Inspiring Expedition by Geoffrey Kent from January 5-15, 2022.

INCLUDED IN YOUR JOURNEY PRICE
All accommodations, meals and fully guided sightseeing (including park and entrance fees) as noted in the itinerary; arrival and departure transfers regardless of day of arrival and departure; all on tour transportation; services of A&K Tour Director and experienced guides/expedition staff throughout; beverages with included meals; local bottled water during sightseeing; complimentary Internet access (where available; service levels are not guaranteed); hotel taxes; A&K’s Travelling Bell Boy Service (because of security regulations, this service may be limited at airports); daily laundry service on board ‘Remember When’ (dry cleaning is not available); and gratuities throughout.

NOT INCLUDED IN YOUR JOURNEY PRICE
A&K’s Guest Protection Program; airfares to join/leave the program; costs associated with obtaining passports or entry visas; reciprocity and other border fees; airport departure taxes, unless otherwise noted; excess baggage charges; meals other than those specified in the itinerary; beverages other than those noted in inclusions above; sightseeing not included in the published itinerary; and personal expenses such as laundry and dry cleaning, communication charges, and any optional activities (which are subject to availability).

HOTEL CHECK-IN
Most hotels allow check-in to take place during the midafternoon. Should you wish to have a guaranteed room ready for your immediate check-in upon arrival, it requires an additional room night to be confirmed. Please ask A&K for details and prices. Requests for early check-in based on hotel availability cannot be guaranteed and are at the sole discretion of the hotel.

ROOM UPGRADES/SPECIAL REQUESTS
Limited upgrades are available on request at individual hotels for an additional cost. Please ask A&K for details and prices. Specific requests such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary needs should be advised at time of booking. Please note that reasonable efforts will be made to secure special requests; however, they cannot be guaranteed.

ITINERARIES
A&K reserves the right to modify program itineraries, including arranged sightseeing and featured experts, and substitute accommodations, including vessels, aircraft and trains, at any time due to unforeseen circumstances or circumstances beyond A&K’s control. Reasonable efforts will be made to operate itineraries as planned, but alterations may occur after the final itinerary has been issued.

While A&K acknowledges the participation of Geoffrey Kent in the tour forms a part of the tour experience, this cannot be guaranteed. Events outside of A&K’s control such as medical or personal reasons may result in Geoffrey Kent not being able to participate or join the tour. Notwithstanding any non-participation by Geoffrey Kent, the tour shall continue to operate on the set itinerary.

AIR TRANSPORTATION
International airfare (to the journey starting point and from the ending point) is not included in program pricing. A&K has special agreements with many air carriers and can offer quotations from any gateway. Some journeys require internal flights as specified in the itinerary. This airfare is typically not included and must be purchased from A&K in addition to the journey. In the instance where charter flights are used and seating is limited, A&K reserves the right to substitute and confirm air reservations on an available alternative scheduled air flight. All internal air is based on economy class seating and is 100% non-refundable at time of final payment (some exceptions may apply). All international and internal air quotes are subject to change until final payment has been received by A&K. Flight confirmation is based on availability. Air reservations cannot be confirmed until a passport copy is received by A&K.

All air carriers are independent contractors and are not owned, managed, controlled or operated by A&K. Your airline ticket constitutes a contract between yourself and the airlines (and not A&K), even if purchased through A&K. A&K shall not be liable and does not assume responsibility for, or accept claims with regard to, seat assignments, name changes, schedule changes, flight changes and/or cancellations. Should you change or cancel your air transportation arrangements before or after your travel begins, all airline change and cancellation fees will apply.

BAGGAGE
A&K provides porterage of up to two (2) pieces of baggage per person. Baggage on internal flights is limited to 30 lbs per person; guests are encouraged to use soft-sided luggage or duffel bags due to limited storage space on the yacht. Details will be provided in your Pre-Travel Documentation. Baggage and personal effects are at the owner’s risk throughout the travel program, and A&K assumes no liability for lost or damaged baggage. Please check with your international carrier for other baggage restrictions and fees applicable to your international flights.

PRICES AND ARRANGEMENTS
The price of the full tour is $215,000 per person, double occupancy. Single supplement is $60,000. Although not expected, published prices may be modified due to unexpected significant external factors not forecasted at the time of printing. A&K is under no obligation to give a breakdown in costs of any journey. Pre- and Post- Tour Extensions are only available to guests booked on related group journeys.ACTIVE ELEMENTS & CONDUCT
The suppliers of some activities on journeys may require a minimum age or minimum/maximum height or weight to participate. Some active elements have been incorporated into select itineraries. To enjoy the journeys as intended, a minimum level of fitness is required. A&K will require prior notice if any participant has any physical or other condition or disability that would prevent them from participating in active elements of any journey and/or could create a hazard to himself or herself or to other members of the group. Specific journeys have conditions that may require a guest produce a doctor’s certificate to A&K prior to travel. A&K will make reasonable efforts to accommodate a disability-related request for accommodation. However, if A&K, in its sole discretion, is unable to properly accommodate the need of the person(s) concerned or believes that health and safety may be compromised, A&K reserves the right to refuse participation. The guest represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. A&K also reserves the right to remove from the trip, at the guest’s own expense, anyone whose physical condition or conduct negatively impacts the enjoyment of the other guests or disrupts the tour.

INSURANCE
Trip cancellation is strongly recommended for coverage of any cancellation or curtailment of the program arising from circumstances such as, without limitation, change in itineraries, change in medical condition, and change in logistical arrangements or circumstances beyond our reasonable control. You should ensure that the insurance policy does not contain any exclusion clauses limiting coverage for the type of activities included or the locations included in this program. We will provide you with details of our recommended insurance provider. Insurance premiums and refunds are subject to the policies of the insurance carrier. We reserve the right at our discretion to refuse to allow any member of your party who is inadequately insured to participate in the program or any part of it. In that situation, we would not refund any part of the program price and would have no further liability to you arising from such refusal. It is your responsibility to ensure that the policy is suitable for the tour. Guests must carry proof of Divers Alert Network (DAN) insurance.

PASSPORTS AND VISAS
It is the guest’s sole responsibility to obtain and have available when necessary the appropriate valid travel documents. All guests are advised to check with the appropriate government authority to determine the necessary documents required for their travel. A valid passport is required for all non-US citizens travelling to the United States. Passports must be valid for six (6) months after completion of your journey and should also have sufficient blank visa pages for entry and exit stamps. Holders of Canadian passports are not required to obtain a tourist visa for entry into the United States for stays of up to 180 days. Citizens of other countries should contact the appropriate consular office for entry requirements pertaining to their journey. You may be refused boarding or disembarked from a plane, vessel or train without liability for refund, payment, compensation, or credit of any kind if you do not have proper documentation, and you will be subject to any fine or other costs incurred by A&K which result from improper documentation or noncompliance with applicable regulations. A&K shall not be responsible should any guest be denied entry to a country due to noncompliance with these requirements.

RESERVATION AND PAYMENT SCHEDULE
Any payments made to A&K constitute your acceptance of the terms and conditions set out herein and in your Pre-Travel Documentation.

A&K ACCEPTS ALL MAJOR CREDIT CARDS.
A deposit of USD $45,000 per person, which is non-refundable if you cancel, is required to secure a $170,000 per person is due by October 7, 2021. If your reservation is made on or after October 07, 2021, the entire cost of the trip must be paid at the time of confirmation. If the tour is fully booked when your reservation is received, your payment will be returned, or with your authorization, we can retain the deposit and place your name on a waiting list in case other guests cancel their reservations.

CANCELLATION
Cancellations will be effective on the date of receipt by A&K whether by phone, email or fax. Cancellations received by A&K are subject to the following:

CANCELLATION FEES PER PERSON
Date                                                               Amount
From Booking                                               USD $45,000

On or after October 07, 2021                      USD $215,000

The guest agrees the sums referenced in the cancellation provisions above are not a penalty and represent a reasonable effort on behalf of A&K to establish its loss prospectively and represent liquidated damages. These include amongst other costs but not limited to fees charged by hotels and travel suppliers to A&K for cancelled bookings.

Partial Room Cancellation:

If a guest cancels or leaves a journey and a roommate remains, an additional supplement may apply to the price for the remaining guest.

CANCELLATION CHARGES FOR INTERNAL AIR
All internal air is 100% non-refundable at time of final payment (some exceptions may apply).

CANCELLATION CHARGES FOR EXTRA SERVICES
Additional hotel nights and other extra services booked in connection with A&K journeys are subject to specific cancellation penalties. These will be provided at the time of booking and noted on the invoice.

CANCELLATION BY A&K
A&K reserves the right to cancel the tour at any time for any reason whatsoever, in its sole and absolute discretion.

The guest’s acceptance of any alternate arrangement or refund offered under this Agreement shall constitute a waiver of any additional remedies. If we are unable to offer you a suitable alternative, then we will give you a refund of the tour price which you have already paid. Subject hereto, we will have no further liability to you arising from the tour cancellation.

Refunds are not made for any missed services. Please see our Limits on A&K’s Responsibility clause below.

A&K assumes no responsibility and shall not be held liable for acts of nature, fire, flood, fog, smog, weather, mechanical failures, acts of government or other civil or military authorities, wars, civil disturbances, riots, terrorist acts, crimes, strikes, shortages of aviation fuel, epidemics, quarantines, hazards incident to sea, land and air travel, or any other similar occurrence, without limitation, that is beyond its reasonable ability to control.

COVID-19 ACKNOWLEDGEMENT
Guest must provide required health documentation for travel and agree to comply with all health protocols as directed by A&K staff during their journey. Noncompliance with these measures will result in not being able to travel or continue on the journey. Guest voluntarily assumes all risks and related expenses in the event that they or any member of their travelling party require testing or quarantine, become infected with COVID-19 or experience travel interruptions or delays.

FORCE MAJEURE
Force majeure means unusual and unforeseeable circumstances beyond A&K’s control or the control of our suppliers, the consequence of which neither A&K, nor its suppliers, could avoid even with all due care, including, but not limited to, war or threat of war; riot; civil strife; terrorist activity (actual or threatened); industrial dispute; technical problems with transport, machinery or equipment; outages or power failures; natural or nuclear disaster; fire, flood, drought or adverse weather conditions; pandemics, epidemics or outbreaks of illness; and ice conditions in oceans and level of water in rivers.

In the event of a cancellation or material alteration to the journey as a result of the circumstances as described in this clause, A&K may in its sole and absolute discretion:

(i) offer the guest(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or

(ii) if alternative travel arrangements or products are not offered by A&K, A&K will provide a travel credit to the guest equal to the value of the trip less any sums A&K is not able to recover from any supplier.

A&K cannot assume responsibility for any other travel related costs included but not limited to air, insurance, visas and other travel arrangements, etc.

CLAIMS AND REFUNDS
A&K will not accept any liability for any claims and will not provide refunds except as may be specifically allowed herein.

PHOTOGRAPHY DURING TRAVEL
A&K reserves the right to take photographs and video of guests during the operation of any program or part thereof and to use, re-use, publish, and republish their image, identity likeness, name, voice, interview, statements, video clips and sound recordings, and/or photographic portraits or pictures in which guest(s) may be included (an “Image”), for promotional purposes during the program and thereafter. By booking a program with A&K, guests acknowledge that A&K is the owner of the photographs and video and agree to allow their Image to be used in such photographs and videos, which may thereafter, be used by A&K. Guests who prefer that their images not be used must (1) identify themselves to their Resident Tour Director at the beginning of their Journey; and (2) notify their A&K Travel Consultant by email, not later than thirty (30) days following the end of the guest’s journey. In the event the guest fails to comply with both obligations, the guest shall not be exempt from this section. If such written notice is not timely provided, the guests, individually and on behalf of any minor child travelling with them, have granted unrestricted rights and permission for A&K to use the Images.

LIMITS ON A&K’S RESPONSIBILITY
Neither A&K nor its parent company, affiliates or subsidiaries, nor any of their respective employees, shareholders, officers, directors, successors, representatives, agents and assigns (collectively the “A&K Parties”), owns or operates any entity which is to or does provide goods or services for your trip with the exception of a limited number of vehicles. A&K purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated A&K companies). All such persons and entities are independent contractors. As a result, the A&K Parties are not liable for any negligent or willful act of any such person or entity or of any third person.

In addition and without limitation, the A&K Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury, or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities. Guest assumes all such risks associated with participating in these trips.

If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, scuba diving, snorkeling, boating, hot air ballooning, helicopter flights, ziplining, high altitude treks, climbing, quad biking, parasailing, parachuting, kayaking, whitewater rafting, jet boat rides, snowmobiling, primate tracking and any other activity which A&K considers to carry inherent risk of serious illness, injury or death (“Activities”), then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen, that may befall you as a result of participating in any Activities and agree to release the A&K Parties from any liability whatsoever related thereto.

Further, as consideration for being permitted to participate in the Activities; you release the A&K, Parties whether known or unknown, from, and agree not to sue or make claim against the A&K Parties for, property damage, cancellation of any Activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising out of your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of the A&K Parties and/or from any defect in equipment. You further agree to indemnify and hold the A&K Parties harmless with respect to any claim made against the A&K Parties by anyone else which (a) related to your participation in any trip or any Activities, or (b) which would be subject to the above release and covenant not to sue if you had made the claim directly yourself. Upon receipt of notice of the assertion of a claim, the A&K Parties reserve the right to approve, or withdraw approval of, counsel, in its sole discretion.

TRAVEL ADVISORIES/WARNINGS
It is the responsibility of the guest to become informed about the most current travel advisories and warnings by referring to the U.S. State Department or their respective government agencies. In the event of an active State Department or government agency Travel Warning against travel to the specific destination location(s) of the trip, should the guest still choose to travel, notwithstanding any travel advisory, the guest assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to these Terms and Conditions, to the Limits on A&K’s Responsibility clause, to any A&K brochure, or to any information regarding any A&K journey, service or package, or to any A&K-related trip, activity, service or package, shall be settled in the first instance by binding arbitration before one (1) arbitrator in Chicago, Illinois. Any party or their representative may appear for the arbitration by telephone or video conference. Each party shall bear its own fees, costs and expenses and an equal share of any arbitrator and administrative fees; however, the prevailing party shall be entitled to full recovery of all such costs and fees. Disputes shall be arbitrated on an individual basis, with there being no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other travel suppliers or other entities similarly situated.

ONE NAME: ONE UNPARALLELED STANDARD WORLDWIDE
Throughout this brochure, you’ll see references to “Abercrombie & Kent” (or simply “A&K”). This is our shorthand for the many independent Abercrombie & Kent companies that work with A&K, to provide its guests with a consistent worldwide standard of expertise and excellence in travel. Their independence allows our guests to benefit from unique local knowledge and specialized services available only from destination-based operating companies around the globe.

AMENDMENTS
A&K reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by A&K to the website abercrombiekent.com. Accordingly, guests should check the website abercrombiekent.com prior to travel in order to ensure they are aware of any changes.

PRIVACY NOTICE
See the A&K USA Privacy Notice, which can be found at abercrombiekent.com/privacy, and which is incorporated herein.

©2021 Abercrombie & Kent USA, LLC, ABERCROMBIE & KENT, A&K, CONNECTIONS, CONNECTIONS BY ABERCROMBIE & KENT, DESIGN YOUR DAY, INSPIRING EXPERIENCES, GUARDIAN ANGEL, MARCO POLO CLUB, MARCO POLO JOURNEYS, RESIDENT TOUR DIRECTOR, SIGNATURE SERIES, SIMPLY THE BEST WAY TO TRAVEL, TRAVELLER’S VALET, TRAVELLING BELL BOY and the ampersand design are service marks owned by A&K Sarl.

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